REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

PETITION NO 122 OF 2018

PREMIER MOTORS LIMITED .............................................PETITIONER

VS

THE ANTI-COUNTERFEIT AGENCY ................................RESPONDENT

Judgement

1. The undisputed facts gleaned from the pleadings and submissions of the parties disclose that the Petitioner, Premier Motors Ltd, imports motor vehicle spares from various parts of the world for local sale in its two shops in Nairobi. Among the products it stocks is RVT silicon whose brand name is Teson manufactured by a United Arabs Emirates Company known as Al Khair Auto Spare Parts Co. L. L. C.

2. On 20th December, 2017 at around 11.00a.m., officers from the Respondent, the Anti-Counterfeit Agency, visited the Petitioner’s two shops to carry out inspection for counterfeit goods. In the course of the exercise, they seized 867 pieces of Teson on the ground that the product was counterfeit. The seized consignment remains in the custody of the Respondent to date.

3. It is the Petitioner’s case that at the time of inspection and seizure the documents authenticating the manufacture and purchase of the product were shown to the officers of the Respondent but they nevertheless went ahead and seized and detained the goods.

4. The Petitioner’s case is that the Respondent’s actions breached its right to acquire and own property as protected by Article 40 of the Constitution. Further, that the Respondent’s actions caused it loss of business.

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